Two proposed rule changes for transgender student athletes in Washington will be advisory-only votes after the Washington Interscholastic Activities Association, the governing body for high-school sports in the state, determined changing the rules would contradict state law.
The WIAA Representative Assembly, a 53-person body made up mostly of athletic directors from across the state, is expected to vote on the proposals between April 9-18, but there will be no changes to the rules no matter the results.
Under the first proposal (labeled ML/HS #7), according to the proposed amendments on the WIAA website, “participation in girls’ sports would be limited to biological females,” and in the second proposal (ML/HS #8), “athletic programs would be offered separately for boys, girls, and an open division for all students interested.”
Sean Bessette, director of communications for the WIAA, said in a statement Tuesday: “The WIAA has been told by the Attorney General’s office, the Office for Civil Rights, and the Office of Superintendent of Public Instruction that proposed amendments ML/HS #7 and ML/HS #8 would be a violation under current Washington state law, affirming our attorney’s legal review. The WIAA remains committed to following state law, and those amendments focused on gender-identity participation would not be implemented on August 1 if they were to pass under current state law.
“If state law were to change, the WIAA’s Executive Board has the authority and would need to alter the Association’s rules accordingly.”
The WIAA was the first state association in the nation to craft a policy on transgender athletes in 2007 and allowed students to participate consistent with their gender identity. There are few known transgender athletes in Washington.
In December, 14 school districts proposed an amendment to the WIAA handbook that would restrict participation in girls sports at the middle school and high school levels to students who were assigned female at birth.
President Donald Trump signed an executive order on Feb. 5 that was titled “Keeping Men Out of Women’s Sports.”
That order allows federal agencies to ensure that entities that receive federal funding abide by Title IX in alignment with the Trump administration’s view that gender always corresponds with the sex assigned at birth.
Chris Reykdal, Washington state superintendent of public instruction, issued a statement the following day, saying Trump’s order “directly contradicts state law.”
“We are working closely with the Attorney General’s Office to understand the next steps for our state and for our school districts in response to this unlawful order,” Reykdal said in his statement. “One thing is clear: The 47th President of the United States is disregarding the rule of law by attempting to unilaterally impose an attack on the specific student groups that anti-discrimination laws aim to protect.”
Last week, the Kennewick School Board made a Title IX Civil Rights complaint with the U.S. Department of Education’s against Washington state, Reykdal, the office of the superintendent of public instruction and the WIAA for what it said are “policies and practices leading to sex-based discrimination in Washington state schools and student athletics.”
The Kennewick School Board said in its complaint that Washington state policy and the WIAA’s rules regarding participation were “in direct violation” of Trump’s executive order.
“We find ourselves caught between conflicting directives that threaten not only our federal funding but also the rights and values of the families we serve,” the Kennewick School Board said.